Reliefs to Real Estate Allottee under the Consumer Protection Act & the Consumer Protection Act and the RERA Act neither exclude nor contradict each other and they must be read harmoniously to subserve their common purpose – Experion Developers Pvt. Ltd. Vs. Sushma Ashok Shiroor – Supreme Court

In this case, Hon’ble Supreme Court have upheld the Commission’s order insofar as it directed the Developer to refund the amounts paid by the Consumer with interest for the unjustifiable delay in delivering the apartment. On law, the Court have considered the interplay between the judicial remedies under the Act and the Real Estate (Regulation and Development) Act, 2016 (RERA) and have explained the remedial choices of a consumer under these statutes. The Court have held that the Commission created under the Act has the power to direct refund under Section 14 of the Act. The Court concludes that the Act and the RERA Act neither exclude nor contradict each other and they must be read harmoniously to subserve their common purpose.

Reliefs to Real Estate Allottee under the Consumer Protection Act & the Consumer Protection Act and the RERA Act neither exclude nor contradict each other and they must be read harmoniously to subserve their common purpose – Experion Developers Pvt. Ltd. Vs. Sushma Ashok Shiroor – Supreme Court Read Post »